The Fight over Gun Control: Exploding some myths about guns

Gun rhetoric can get hot. Bryan Lentz, a former two-term state representative in the 161st Legislative District, now chief of the Gun Violence Task Force in Philadelphia, knows that well.

The task force, funded by the state Legislature, formed in 2006 when former attorney general and now-Gov. Tom Corbett, a Republican, partnered with the District Attorney’s office and the Philadelphia Police Department. The task force is a joint effort of the Philadelphia District Attorney and Pennsylvania Attorney General offices.

Lentz, a Democrat who resides in Swarthmore, dispelled some of the myths about the Pennsylvania Uniform Firearms Act during an interview at the Philadelphia District Attorney’s office a few weeks ago. He was joined by Andrew Wellbrock, an assistant district attorney in Philadelphia and member of the Gun Violence Task Force.

Here are some of the myths that were dispelled by Lentz and Wellbrock:

— Firearms cannot be registered in Pennsylvania.

— A person does not need a license to own a gun under state law.

— There is no longer a five-day waiting period to perform a background check for handguns as of July 1, 1998. A section of the Pennsylvania Uniform Firearms Act gives the Pennsylvania State Police authority to maintain the Pennsylvania Instant Check System.

— “In every county except Philadelphia you need a permit to carry a handgun concealed but you can carry a handgun in the open … without a permit,” said Lentz. “In Philadelphia you need a permit to carry both open and concealed because of Section 6108 of the Crimes Code.”

— A person can buy a gun as a gift for his or her spouse, parent, child, grandparent or grandchild if that person is eligible to own one. A person cannot, however, purchase a gun for a sibling.

— A lawful transfer of a firearm must be done through a Federal Firearms License dealer and a fee is generally charged for the background check for the purchaser, according to Lentz and Wellbrock. Both parties involved in the transfer must be present. The Federal Firearms License dealer takes “possession” of the gun and transfers upon completion of the check. This would be maintained in the record of the sale database, according to Lentz and Wellbrock.

— The typical “assault weapon” sold in Pennsylvania is semi-automatic and not governed under the National Firearms Act, according to Lentz and Wellbrock. “The National Firearms Act requires federal registration of certain firearms including automatic weapons, silencers, short-barreled rifles, and the materials to convert a semi-automatic into full automatic,” they said.

— The Bureau of Alcohol, Tobacco, Firearms and Explosives administers the approval process and there is a $200 tax on any such purchase, according to Lentz and Wellbrock. The current wait time is four to six months for approval, they said.